One of the most confusing industries for determining whether a project is USL&H or not, is construction! Figuring out whether USL&H applies in a certain situation can be frustrating and difficult.
This determination hasn’t been any easier in the courts. For example, this article published in 2012 illustrates how the rules might change based on the court jurisdictions and situations: https://oalj.dol.gov/PUBLIC/LONGSHORE/REFERENCES/REFERENCE_WORKS/USDOL_OALJ_WHO_IS_AN_EMPLOYEE_CONSTRUCTION_DOCK_SPECIALTY_(MARCH_2012).HTM
In Washington, we are subject to the Ninth Circuit; you can see how the opinions vary.
Are you interested in learning more about how to determine whether a construction project is subject to USL&H? Drop us a note on the contact us page!